FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JAMES HOSPITAL - AND - INMO & SIPTU DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Rest arrangements associated with new on-call service in the Cardiac Cath Laboratory.
BACKGROUND:
2. This dispute concerns the time-off-in-lieu arrangements associated with the recently introduced on-call working in the cardiac Cath Laboratory. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 16th September, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 22nd November, 2013.
UNIONS' ARGUMENTS:
3 1 The new arrangements were introduced without prior agreement with the Unions.
2 The new arrangements are less favourable than existing arrangements.
3 Time-off-in-lieu should be applicable on all days when the Workers are called in to work when on-call.
EMPLOYER'S ARGUMENTS:
4 1 The Workers are adequately compensated for on-call working.
2 Concession of this claim would have significant service implications.
3. Consideration of this cost-increasing claim is prohibited under the terms of the Public Sector Agreement.
RECOMMENDATION:
The Court notes that discussions have commenced at national level in a review of time-off-in-lieu arrangements generally within the health service. Against that background the Court believes it would be inappropriate to issue a final recommendation in this particular case which could pre-empt or prejudice those discussions.
In these circumstances the Court recommends that those associated with this claim continue to provide on-call service on the same basis as at present. When the national discussions are concluded the Union's claim should be reconsidered in light of those discussions.
If necessary the matter may be referred back to the Court if agreement is not reached at that time.
Signed on behalf of the Labour Court
Kevin Duffy
17th December, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.